Percival et al v. Girard et al

Filing 74

ORDER Granting Plaintiff Gordon an Enlargement of Time to File Application for Leave to Proceed In Forma Pauperis, Affidavit of Indigence, and Trust Fund Account Statement re 61 Letter by DeLauren Gordon. Signed by Magistrate Judge Michael Hluchaniuk. (PPel)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANTOINE HARRIS, et al., Case No. 08-12374 Plaintiffs, vs. DENISE GERTH, et al., Defendants. / ORDER GRANTING PLAINTIFF GORDON AN ENLARGEMENT OF TIME TO FILE APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, AFFIDAVIT OF INDIGENCE, AND TRUST FUND ACCOUNT STATEMENT This is a civil rights action filed under 42 U.S.C. § 1983 by multiple plaintiffs who are in the custody of the Michigan Department of Corrections. (Dkt. 1). At the time they filed the petition, plaintiffs did not pay the filing fee nor did they file individual applications to proceed in forma pauperis as required by 28 U.S.C. § 1915(a). On June 19, 2008, pursuant to 28 U.S.C. § 1915(a), District Judge Robert H. Cleland issued an Order allowing 30 days for each plaintiff to file a motion to proceed in forma pauperis, affidavit of indigence, and a certified copy of the prisoner's trust fund account statement for the preceding six months. (Dkt. 4) (June 19, 2008 Order). On August 6, 2008, Judge Cleland issued an Order Michael Hluchaniuk United States Magistrate Judge Robert H. Cleland United States District Judge

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dismissing certain plaintiffs for failing to comply with the June 19, 2008 Order and granting in forma pauperis status to the plaintiffs who complied with the June 19, 2008 Order. (Dkt. 36). This case was referred, for all pre-trial matters, to the undersigned Magistrate Judge on August 14, 2008. (Dkt. 40). Plaintiff Gordon filed a letter dated August 13, 2008, in which he states that he submitted the required motion to proceed in forma pauperis and supporting documents to prison officials for mailing on July 7, 2008, but that he was not granted in forma pauperis status in Judge Cleland's August 6, 2008 Order. (Dkt. 61). The Court has no record of having received plaintiff Gordon's motion to proceed in forma pauperis or the supporting documents. The Court finds plaintiff Gordon's detailed account of completing the motion to proceed in forma pauperis, obtaining the necessary supporting documents, and submitting the package to a prison official for mailing, to be credible. However, because the motion was never received and docketed by the Court, the Court may not rule on the motion. Therefore, the Court will grant plaintiff Gordon an additional 30 days to submit the required materials. Accordingly, the time for plaintiff Gordon to submit a motion for in forma pauperis status, affidavit of indigence, and a certified copy of his trust fund account statement for the preceding six months is enlarged by 30 days. Plaintiff 2

Gordon must submit these materials within 30 days from the date of this Order. IT IS SO ORDERED. The parties to this action may object to and seek review of this Order, but are required to file any objections within 10 days of service as provided for in 28 U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not thereafter assign as error any defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). Any objections are required to specify the part of the Order to which the party objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), any objections must be served on this Magistrate Judge. Date: September 2, 2008 s/Michael Hluchaniuk Michael Hluchaniuk United States Magistrate Judge

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CERTIFICATE OF SERVICE I certify that on September 2, 2008, I electronically filed the foregoing paper with the Clerk of the Court using the ECF system, which will send electronic notification to the following: Christine M. Campbell. I also certify that I have mailed, by United States Postal Service, the foregoing paper to the following nonECF participants**: Stephanale Adams, # 229338 Macomb Correctional Facility 34625 26 Mile Road New Haven, MI 48048 Andy Anderson, # 494273 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Jeffery Buhovecky, # 325635 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Jeffrey Carney, # 188923 Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, MI 49855 Andre Coleman, # 173324** Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, MI 49855 Lorenzo Anthony, # 247064
Standish Maximum Correctional Facility

4713 West M-61 Standish, MI 48658 Julius Bannerman, # 196416 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Serrell Butts, # 360595 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Usamah Carswell, # 256679 Huron Valley Complex Men's 3201 Bemis Road Ypsilanti, MI 48197 Andre Coleman, # 173324** Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862

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William Echols, # 249166 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Delauren Gordon, # 259187 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Eugene Humbert, # 272728** Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Edward Hairston, # 276060 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Johnny Jackson, # 243915 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 James Lindsey, # 256676** Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862

Curtis Fuller, # 211080 Marquette Branch Prison 1960 U.S. Hwy 41 South Marquette, MI 49855 Antoine Harris, # 374671 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Eugene Humbert, # 272728** Ionia Maximum Correctional Facility 1576 W. Bluewater Hwy Ionia, MI 48846 Tyrone Jackson, # 226967 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 William Little, # 203715 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 James Lindsey, # 256676** Baraga Maximum Correctional Facility 13924 Wadaga Road Baraga, MI 49908-9204

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Jeremy Mosely, # 281663 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Leon Percival, # 220239 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862

Darren Patton, # 423237 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862 Randolph Reed, # 400534 Alger Maximum Correctional Facility Industrial Park Drive P.O. Box 600 Munising, MI 49862

** Plaintiffs, Andre Coleman, Eugene Humbert, and James Lindsey are being served at both the address reflected on the Court's docket and the address reflected on the Michigan Department of Corrections prisoner tracking system website. s/James P. Peltier Courtroom Deputy Clerk U.S. District Court 600 Church Street Flint, MI 48502 [phone] [e-mail]

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